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Laws Against Trespassers in the State of Florida

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    Fences and Signs

    • Police officers, sheriff's deputies and park rangers enforce trespassing laws. Individuals cannot legally claim lack of knowledge just because "no trespassing" signs are not posted. If a property owner verbally warns an individual not to enter the property, or the land is fenced, the legal requirements to potential trespassers have been met.

    Waterway Trespassing

    • Florida law requires a property owner to post "no trespassing" signs along waterways to alert potential trespassers to the property boundaries. The posted sign must conform to Florida guidelines pertaining to size of the sign and posting distance. Implied consent from a property owner is recognized by law if an individual was previously permitted entrance and use of the land. The landowner must rescind verbally or in writing the former consent or implied consent to claim trespassing.

    Hunting

    • It is a violation of Florida trespassing laws to enter private property to hunt without permission. Entering private property without permission with a firearm carries a fine up to $5,000 and a possible five-year prison sentence. Florida law warns against intentionally injuring any trespassers. The law also requires a property owner who knows a trespassers is on the property to warn the individual of any non-obvious dangers on the property.

    Attractive Nuisances

    • Attractive nuisance laws pertain to primarily youthful trespassers. Should an adult abandon an item, such as a deep freeze, refrigerator or locker with doors intact and a child suffocates inside the discarded item, the adult is liable. Property owners cannot to leave airtight containers or attractive nuisance items in any area where children are known or are likely to trespass. Property owners can reduce the risk of an attractive nuisance charge by adding a fence around potential nuisance items, as well as warning children in writing or verbally regarding dangers and trespassing.

    Swimming Pools

    • Florida law does not consider drowning in an artificial body of water, such as a swimming pool, as the owner's responsibility unless specific factors exist. Property owners must have an "unusual element of danger" present. A swimming pool could be considered as an "alluring trap" if a suction hose, working under water, causes a child to drown. Florida courts consider the intelligence, risk and age of the child when deciding guilt.

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